Andhra Pradesh High Court - Amravati
Y Padmanabham vs The State Of Andhra Pradesh, on 28 July, 2022
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
SHOW CAUSE NOTICE BEFORE ADMISSION} iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA alee ORIGINAL JURISDICTION) THURSDAY . THE TWENTY EIGHTH BAY OF JULY TWO THOUSAND AND a sPRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO: 22919 OF 2022 Between : - . Padmanabham, S/o. Late Y Krishna Murthy, Aged 58 years, Occ : Contract Faculty oa athematics}, R/o. BD. No. 1-19-2, Sri Sal Symala Street, Sriramnagar, Kakinada, Cast Godavarl District - 333 003. a Petiiianer AND . Tre State of Andhra Pradesh, Rep. by Principle Secretary, Higher Education Department, Secretariat, Velagapudi, Armaravat!, Guntur District. , The Special Commissioner of Collegiate Education, Vilayawada, Krishna District, . The Additional Joint Collector DRO/ Chairma: 7, The District Selection Committee far the Renewal of Contract Faculty, Government. Degree Colleges, 'Krishna District. The Regional Joint Director Collegiate Education, Guntur, Guntur District. . The Principal, Government Degree College (A}, Rajarmahendravaram, East Godavari. noah, be Rod LI te espondents WHEREAS the Petitioner above named through his Advocate SRI G. TUHIN KUMAR, presented this Petition under Article 226 of the Constitution of india praying that in the circumstances steted in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Grder or Orders or Directions more particularly one in nature of Writ of Mandamus, declaring the action of the respondents in not continuing
the petitioner as contract faculty (Mathematics) in the Gavernrnent Degree College {A}, Rajamahendravaram up to 60 years which is contrary to the Proceedings, Rc.No. 10/Ser. /-B/2022-1, dated 22.06.2022 instructing for renewal of the lecturers in the Savernment Degree Colleges for the acarlemic year 2022-23, as Hlegal, arbitrary, unconstitutional, Contrary to the instructions and guidelines issued by the Government, Contrary to WP No. 1587 /2020 dated 03.09. 2020, and WP No. 9740/2027 dated 12.07.2022 and violative of Article 14, 16, and 21 of the Constitution of the india and inter alla and direct the respondents to continue the petitioner upte 60 years as contract lecturer (Mathematics) in the 5°" respondent college with all consequential benefits and pass AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri G. Tuhin Kumar Advacate for the Petitioner and af the Govt. Pleader for Higher Education for respandent Nos. 7 to 4, directed issue of notice te the Respondents herein ta show cause as to why this WRIT PETITION should not be admitted, You viz:
1.The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District,
2. The Special Commissioner of Collegiate Education, Vijayawada, Krishna District.
3. The Additional Joint Collector/ DRO/ Chairman, The District Selection Cammittee for the Renewal of Contract Faculty, Government Degree Colleges, Krishna District.
$,The Regional Joint Director Collegiate Education, Guntur, Guntur District.
3. The Principal, Government Degree College {A}, Rajamahendravaram, East Godavari District.
are directed to show cause either appearing In person or through an advacate on or before 30-09-2022 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should nat be admitted, Contd. .2..
$ me $.
L.A No. 1 of 2022 }-
Fetition under Section 157 CRC praying that in the circumstances stated in the affidavit fled in support of W.P., the High Court may be pleased to direct the respondents ta continue the petitioner as Contract faculty (Mathematics} beyond 58 years In the 8° respendent college without reference to the superannuation procecdings Memo No, 428/B1/2022, dated 09.06.2022, pending disposal of the above Writ petition in the interest of justice and in the interest of petitioner and pass, pending disposal of W.P, No. 22919 of 2022, on the file of the High Court.
The Court made the following ORDER :-
'Notice before adiissian.
Learned Government Pleader seeks time to file counter affidavit In this matter.
The case of the petitioner is {hat he is working as Lecturer on cantract basis in 58° respondent-Government Degree College since 2007 and the Regional Joint Director of Collegiate Education, Rajarnahendravaram, issued proceedings dated 69.06.2022 directing the Principal of the Government Degree College to dscantinue the cantractual service of the petitiener from 34.07.2022 as he attains the age of 58 years on the sald date. Nence, the Writ Petition.
Learned counsel for the petitiener submits that in similar facts and circumstances, an interim order was passed in W.P.No. 24872 of 2027 an 23.70.2021 and that Writ Petition No.9730 of 2021 was allowed directing the cantinuance of the petitioner therein (ilthe age of 60 years.
in view of the facts and circurnstances, the 5° respondent is directed to continue the service of the petitioner beyond 38 years and HH 30.09.2022.
in the meanwhile, learned Government Pleader is directed to file counter affidavit, List the matter on 30.09.2022."
é Sd/- U. SRI DEVI ASSISTANT REGISTRAR PF TRUE COPY f % SECTION GFFICER To
1. The Frincipal Secretary, Higher Cducation Department, State of Andhra Pradesh, Secretariat, Velagapuell, Amaravati, Guntur District.
2. The Special Commissioner of Collegiate Education, Vijayawada, Krishna [Nstrict.
3.Fhe Additional Joint Collectar/ DRQ/ Chairman, The District Selection Committee far the Renewal of Contract Faculty, Governrnent Degree Colleges, Krishna District,
4. The Regional Joint Director Collegiate Education, Guntur, Guntur District. u. The Principal, Government Degree College (A), Rajamahendravaram, East Godavar) District.
{Addressee Nos. 1 to 5 by READ along with a copy of Petitien & Affidavit)
6. Two CCs to the G.P. for Higher Education, Hish Court of A.P., at Amaravati(OUT} 7 Qne CC to SriG. Tuhin Kumar, Advocate/QPUC} 8.0ne spare copy.
TRE HIGH COURT RYLJ OT. 28-07-2022.
NOTICE BEFORE ADMISSION W.P.No, 22999 of 2022 DIRECTION